Media Commercialization - 1906 Words

Commercialization of Indian media The media industry across the globe has witnessed spectacular changes in the recent years. There has been a considerable change in the perception of media in the olden times, as revolutionary instruments and powerful political players. Today, the media is perceived more as businesses with a motto of `remaining profitable. The growing competition along with the trend of confinement of media ownership to a few major transnational conglomerates has further intensified the commercial pressure in the terrain. This has also resulted in media proliferation, wherein numerous emerging media products embark on catering to the needs of a more fragmented market. Commodification of news has become a serious issue†¦show more content†¦Though the role and importance of media is increasing in our lives today, it’s sad that its accountability and professionalism is dwindling. â€Å"With great power comes great responsibility†. Television channels in a bid to increase their TRP ratings are resorting to sensationalized journalism with a view to earn a competitive edge over the others. Sting operations have now become the order of the day. We are a democracy of a billion plus people with the largest youth population in the world, large sections poor and uneducated, inadequate social services, and a country in transition. It is imperative that our influential intelligentsia focus unfailingly on meaningful issues since the opportunity cost is enormous. The government is increasingly sidelined by private enterprise; unprepared peasants are migrating to straining cities; and the nouveau riche anxious to express their nascent individuality is turning to incongruous consumption. Our academia is intently focused on the graduates financial remuneration, and naturally, commercial interests dont provide any discipline. Entertainment czars consume our attention, shape public opinion, and increasingly control our daily life by forming a nexus with private industry, and entering the administration. We have mall adjacent to mall adjacent to mall, and almost no democratic recreational space. Mostly the middle-class Indian comes in co ntact with one another to consume, an individualisticShow MoreRelatedMedia and Mass Communications Development on a Healthy Mature Culture1200 Words   |  5 PagesMedia and Mass Communications development on a Healthy Mature Culture This argumentative essay is specially made to discuss the possibility for media and mass communication to nurture the development of a healthy, mature culture. Overall, the process of media and mass communication media development has already caused changes in the public sphere. The digitalization of media dramatically increases the chances of the people to get an access to the information, which is transferredRead MoreThe Values Of The Textbook1158 Words   |  5 PagesThe Values of the Textbook Description: What media outlets do Why they do it What they should do 1 Worry about file swappers illegally downloading songs (p.72) Sales decrease for recording labels (p.72) Use internet to post music/videos to gain larger audience at less of a cost (p.72) 2 Homogenized radio industry (p.108) Saves money (p.108) Let there be interaction between Deejays and the audience. Live vs. voice tracking (p.108) 3 Introduced VOD-DVRs, iPods, Netflix (p.155) Enables customersRead MoreThe Coexistence of the Media and the Government Essay examples702 Words   |  3 PagesThe Coexistence of the Media and the Government The American media system is spinning out of control in a hyper-commercialized frenzy. 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Profitability became an issue as s oon as the Internet became commercialRead MorePolitical Media s Influence On The Media1840 Words   |  8 PagesPolitical economy media theory identifies a socially critical approach that focuses primarily on the relationship between the economic structure and political force in media industries and the ideological content of the media outputs. China has a very special situation of the political interference which are much serious than other kinds of countries. In western capitalist countries, the media is defined as a separate news outlet with legally press freedom approval by the government and formal institutionRead MoreOnline Computer Games : The University Of Adelaide1374 Words   |  6 PagesSal Humphreys is a ‘senior lecturer in media studies’ at the ‘University of Adelaide in South Australia’ from 2009 (The University of Adelaide, 2015). He published mass of journal articles about communication and media studies from 1997 to 2015, such as Postfemi nist inflections in television studies (Humphreys et al, 2014), and Grassroots creativity and community in new media environments: Yarn Harlot and the 4000 knitting Olympians (Humphreys, 2008). His research focuses on digital games and onlineRead MoreMedia And The Global Media1417 Words   |  6 Pagesbringing about the global media order. The first of these five shifts is the increasing concentration of ownership. This means that the global media is now dominated by a small number of powerful, centralized media conglomerates. Sociological theories of the various forms of the media shows us that they can never be assumed to be politically neutral or socially beneficial. For many people the key problem is the increasing concentration of ownership of different types of media within large conglomeratesRead MoreThe And Dissemination Of Cultural Values, Ideologies, And Hierarchies832 Words   |  4 Pagesthe influence of industrialized media, the concept of shifting contexts, and a ref erence an attempt to identify the â€Å"word-concept† of â€Å"the people†. Like the construction, the dissemination of cultural values has a historiography filled with competing ideologies on semantics and time frames, but there is one important disseminator of cultural values that nearly every historian, theorist, and critic agrees is primarily essential: the media. Interpreted broadly, media refers to any host of disseminationRead MoreWhat s Black, Then White, And Said All Over?957 Words   |  4 PagesIt is a well-known fact that technology and media outlets today play a major role in a person’s life. Generally, a person has access to the media through cellphones, computers, radios in a car and television. It may be perceived by some, even within a technologically advanced society such as America, that media has no effect upon enhancing cultural relationships, though many social networks do indeed connect cultures. Media and technology give people access to various cultures at an efficientRead MoreEssay about Censorship in China2107 Words   |  9 Pagesstudy to address your ideas about the argument. The Chinese Communist Party exerts near complete control over the country’s 358 television stations and 2,119 newspapers — the primary media available to more than one billion Chinese citizens. In the People’s Republic of China, there are no Chinese-language news media that are both widely accessible and independent of the government. While available to more than 100 million users, the Internet is closely monitored by the state; access to politically

King Lear - Tragic Flaw Essay example - 902 Words

â€Å"Tragic heroes are so much the highest points in their human landscape that they seem the inevitable conductors of the power about them...great trees more likely to be struck by lightning than a clump of grass. Conductors may of course be instruments as well as victims of the divine lightning.† Tragic heroes are characters of notoriety; held in high regard but are struck with misfortune through their own error. The most noble of men can succumb to their own flaws until driven to the brink of insanity, as illustrated in Shakespeare’s play, King Lear. King Lear represents all qualities of a tragic hero and in the end is ruined by his own vice, by driving himself to the point of full-blown insanity as a result of his actions. As all tragic†¦show more content†¦Lear is outraged when Cordelia does not lavish him in kind words like he had expected her too and as a result banishes her from the kingdom. This action shows the reader insight to what will be Learâ₠¬â„¢s downfall. What he does not realize just yet is that Cordelia is the only daughter that actually does love her father, but his rash judgment and arrogance blinded him from seeing this. As time passes by, Lear tries to live out the remainder of his life under the care of his two oldest daughters, who are supposed to love him the most. It is not long until they begin to abuse their â€Å"beloved† father and treat him like a piece of trash. They lock him out in the rain, order their servants to be rude to him, and make him reduce his army. It does not take long after that for Lear to realize that he had made an enormous mistake, and the Cordelia was the one that truly loved him the most. The lightening had struck when Lear’s arrogance led him to believe Cordelia would say more to show her love for him, and his tree had caught fire once his rash judgment resulted in Cordelia’s banishment. Once Lear had recognized the monstrosity of the mistake he had made and b ewildered by the betrayal of Goneril and Regan, his madness started to set in. He flees the home of his evil daughters and is left wandering through a great storm, completely consumed in his insanity. The French army, led by Cordelia, is on its way to Britain to save her father’s kingdom from herShow MoreRelatedSuperheroes, Despite Their Different Powers, All Possess1581 Words   |  7 Pagesmaintenance of strong morals. Similarly, King Lear, the tragic hero in William Shakespeare’s play, King Lear, possesses characteristics that define him as a tragic hero, as stated by Aristotle in Poetics via A.C. Bradley’s The Shakespearean Tragic Hero. King Lear is a character of high social status, and he possesses exceptional qualities that make him a well-respected king; however, throughout the play’s events, he suffers tremendously in an unusual manner. In addition, Lear, despite being a â€Å"good† characterRead MoreKing Lear as a Tragic Hero997 Words   |  4 PagesThe play of King Lear is a tragedy like many of Shakespeare’s plays, and many of them deal with the tragic hero that end up meeting their demise thanks to their tragic flaw. The tragic hero of this play is King Lear, and he is a man that is a ruler of the kingdom of Britain in the 8th century B.C. He is a very old man surrounded by grave responsibilities, which are taking care of the land and taking care of the citizens of the kingdom. Lear the tragic hero must feel suffering and contrast those goodRead MoreIs King Lear A Tragic Hero Essay1358 Words   |  6 PagesKing Lear, one of William Shakespeare s greatest tragedies, depicts a society in grim circumstances. As with all tragedies, there exists a tragic hero [1] , one who possesses a fatal flaw that initiates the tragedy and all the sufferings that follow. In this play, the tragic hero is undoubtedly the title character, King Lear. The plot is driven by the power and consequence of losses, more specifically , the losses of Lear. In the course the play, King Lear, because of his flaws, loses his authorityRead MoreThe Tragic Hero Of King Lear1310 Words   |  6 PagesKing Lear, one of William Shakespeare’s greatest tragedies, depicts a society in uninviting circumstances. Tragedy is depicted by the downfall of a noble hero, usually through a combination of arrogance and fate. The tragic hero s wish to achieve a goal encounters limits, those of human inability, the gods, or nature. As with all tragedies, there exists a tragic hero, one who possesses a calamitous flaw that establishes the tragedy and all the sufferings that follow. In this play, the tragic heroRead MoreThe Tragic Hero Of King Lear1277 Words   |  6 Pagesthere is no salvation for the tragic hero or any sign of optimism in the conclusion. This bleak portrayal of King Lear, through his losses, makes him the ultimate tragic hero, and the play an ultimate tragedy. In every tragedy, of course, there is a tragic hero. A person who has good intentions, but leads the story to ruin through a fatal, and uncontrollable, flaw. The plot of the book centers around the consequences of King Lear’s flaw. Throughout the play, King Lear loses his land, his honorRead More Tragedy Through Misreading in William Shakespeares King Lear975 Words   |  4 PagesTragedy Through Misreading in William Shakespeares King Lear Shakespeare’s tragedy, King Lear, portrays many important misconceptions which result in a long sequence of tragic events. The foundation of the story revolves around two characters, King Lear and Gloucester, and concentrates on their common flaw, the inability to read truth in other characters. For example, the king condemns his own daughter after he clearly misreads the truth behind her â€Å"dower,†(1.1.107) or honesty. Later, GloucesterRead MoreKing Lear : The Tragic Hero957 Words   |  4 PagesThere are many â€Å"tragic heroes† in literature in many different genres. The aspects of a tragic hero include a good man who has royalty in his blood, one tragic flaw, suffer, and then overcome their flaw once they finally open their eyes to what is really going on. Not only do tragic heroes suffer, but they cause others to suffer as well, but this can play a huge role in a work as a whole. King Lear is the tragic hero in, of course, King Lear. King Lear suffe rs from not knowing who he truly isRead MoreKing Lear: Lear the Tragic Hero1662 Words   |  7 PagesKing Lear: Lear The Tragic Hero The definition of tragedy in the Oxford dictionary is, drama of elevated theme and diction and with unhappy ending; sad event, serious accident, calamity. However, the application of this terminology in Shakespearean Tragedy is more expressive. Tragedy does not only mean death or calamity, but in fact, it refers to a series of steps which leads to the downfall of the tragic hero and eventually to his tragic death. Lear, the main character in King Lear was affirmedRead MoreWilliam Shakespeare s King Lear971 Words   |  4 PagesKing Lear Exam Question In all genres there are stereotypical elements. This academic essay will outline the importance and effect of the elements of dramatic tragedy within the given passage from King Lear, and how this is significant and develops an understanding in the audience towards the play as a whole. The passage given comes from Act 1; Scene 1 of ‘King Lear’. This initial scene is what would be called the ‘initiation of tragedy’ in this context as it supplies the tragic hero; in this caseRead MoreKing Lear and Antigone as Tragic Hero Essay1626 Words   |  7 PagesBecause Lear is capable of change, he becomes a tragic hero; because Antigone is incapable of change, she never becomes a tragic heroine. Aristotle defines a tragic hero as someone, usually a male, who â€Å"falls from a high place mainly due to their fatal flaw.† During the highest point of the tragic hero’s life, something is revealed to the protagonist causing a reversal in their fortune. This reversal of fortune is caused by the flaw in their character. Tragedy evokes catharsis, a feeling of

Assignment Sample on Comparative Study Apple & COFCO

Sustainable Operations and Global Supply Chains Introduction Operations Management refers to a process of controlling, designing, and overseeing the business operations related to the production of products and services (Andrews, 2011). Each of the companies attempt to adequately perform this aspect of the business activities so as to attain a competitive advantage over other companies at a global level. Strategic operations and resources are managed to make sure that each of the business operations is efficient and effective in meeting the preferences and demands of consumers. The following report compares and contrast the Apple and COFCO on how they have managed their strategic resources and operations to achieve a competitive advantage in respect to: sourcing of raw materials, global manufacturing strategy, their people, sustainability, global supply chains and logistics models through to delivering goods and services to customers. Both the concerned companies are considered to be the leaders in their respective industry and have been conducting their business since 1949 for COFCO and 1976 for Apple. Apple Inc. is an American multi national company that is known for the development of iPad, iPhone, iPod, and the personal computers. Each of the products offered by the company are combined with innovative marketing strategies which has provided the company with a continuous market for its products. Apple Inc. was founded by Stephen Wozinak and Steven Jobs and became the historys one of the most valuable company in 2012 in the terms of global market capitalization. On the contrary to this, COFCO, China Oil and Food Corporation, is the largest supplier of diversified services and products within China, belonging to the agricultural food industry. The mission of the company is to adequately provide and feed the China, which is the worlds largest population, with its affordable and quality products and services. Bot h the companies have been highly successful in reaching the global audience; however the ways and the strategies that has supported each of them differentiate in certain contexts. The following report highlights these differences and outlines the key strengths and weaknesses of company regarding the way they have managed their strategic resources and operations to achieve a competitive advantage. Compare and Contrast The management of strategic resources and operations has emerged as one of the key business practices responsible for the long term establishment and sustainable development of companies at a global level (Andrews, 2011). Both the concerned companies Apple and COFCO have been engaged in different strategies and operations to attain and achieve the outlined objectives. Where Apple is associated with Information Technology Industry, COFCO with the food processing, thus the raw materials and resources required by each of these companies differ highly. This difference is clearly evident form the difference in the target market or audience of each of the companies. Sourcing of Raw Materials Each of the companies is strongly established and highly reputed, mainly because of their reach globally. Because of the difference in locations and target markets, each of these companies utilizes different raw materials and even chooses different sourcing techniques. Considering, Apple Inc., it has been found that the companies key suppliers are located in China and United States of America. The company is found to import its raw materials from Chinese suppliers and consumes the same in large amounts. The company does not look for affordability but to the quality of the same as it is considered to be one of the premium brands of the world, thus it is essential that each of the products is manufactured from quality resources and techniques. Through utilizing globalization as the base of raw materials sourcing, the company attempts to reach two of its overall objectives. The first objective to develop a stronger relationship with its global supply chain network, and the next is to ke ep track of the changing technology and source in the most advanced one (Cachon and Terwiesch, 2011). The global establishment of company has offered the company with some quality suppliers and quality raw materials. However, importing the raw materials from China is much costlier and lengthier process, the company believes that the return on investment is much higher. The company is not cost sensitive regarding the raw materials sourcing, thus attempts to reach the suppliers with most advanced technological platforms and aspects. This strategy helps the company to keep in touch with each of its suppliers and making its supply chain network well aware that the company is determined and committed towards its suppliers as a partner. In contrast to Apple Inc., COFCO sources the raw materials from local suppliers so as to be cost effective and invest the saved money on other entrepreneurial activities. The company is focused on protecting the global resources so as to reduce the consumption of raw materials and increase the rate of utilization of the resources. The company attempts to execute the lean management practices so that the use of resources is kept minimal and the output is maximal (Van Mieghem, 2010). The company has been engaged in numerous projects and strategies to ensure that each of the products and services of the company is affordable enough. The company operates from the fields all the way up to the dinner table, thus requires some of the very basic raw materials. Thus, it becomes essential for the company to have access to the food processing and agricultural value chains. The company believes that to develop sustainably and achieve long term establishment in the global market, it is important to provide the people with quality products and the quality products can only be produced, if the company has a fully integrated value chain. Where the company of Apple Inc. tries to utilize the global supply chain network, the COFCO is primarily relied on just the Chinese suppliers for raw materials. This difference in the sourcing of raw materials clearly explains the different target market for companies (Andrews, 2011). Apple Inc. is focused on addressing and meeting the needs of youth and business professionals, whereas COFCO attempts to reach the adult and family segment of the consumers. The difference in the raw materials sourcing is also due to the different organizational culture and objectives. Global Manufacturing Strategy Apple Inc. has been dominating the global portable media industry with its diverse and innovative products. The global manufacturing strategy of Apple is to offer the global audience with a diverse and unique range of products, so that the different preferences and needs of the people can be met adequately. The key reason behind the differentiating product line of company is that the manufacturing, design and engineering is controlled by just one source. However, the company attempts to make the use of global supply chain network, the key production or manufacturing processes of company are conducted in the country of China. The design developers and engineering of Apple mainly comes up with the product ideas in the United States, but the overall manufacturing of the products or devices is performed by two of the worlds largest Information Technology Solution companies. These companies include Inventec and Foxoconn, each located in the country of China. The key reason behind manufacturing the products in the country of China and not in the United States is the comparatively lower labor costs in the China. However, the raw materials sourcing is a costlier process for the company, Apple attempts to keep the labor costs as least as well and utilize the saved revenue for technological development in each of its products. Since, the China has worlds largest population, the production in the same location helps the company to directly reach and meet the needs and preferences of people. China is also considered to have one of the worlds stable and strongest economy, thus offering the company with maximal profits and high productivity. Apple also utilizes the expertise and other support from the IT professional companies, including AT T for both the production and launching processes. However, this practice of company may raise the problem of information security for the company, the company attempts to develop a better and stronger relationship with each of its business partners. The key feature if Apples global manufacturing strategy is that it manufactures the chips for each of its products itself. The company has also complete control over the proprietary retail stores, a nearly closed ecosystem, and software standards, thus making the manufacturing or production processes of the company effective and efficient. The global manufacturing strategy of COFCO is inclusive of diverse and significant aspects. With each production and manufacturing processes, the company attempts to strengthen its control over production process, food security, food safety, and employee development. The company has been utilizing advanced food safety management technology within each of its manufacturing and production processes to make sure that the final products are of prime quality. The company also conducts regular inspection and monitoring activities systematically on control risks and every control point so that there is no scope of mistakes or failures of the machinery. The complete production and manufacturing process is performed in China so as to keep the labor costs least possible. In todays era of globalization, it can be perceived as a achievement to have 95 percent of the companys subsidiary enterprises in food industry acquiring accreditation for ISO 9001 Quality Management Systems and 100 percent of the same acquiring HACCP accreditation. Each o these global manufacturing strategies have helped the company to make sure that each of its products and services is produced in monitoring or supervisory of a standardized and systematic safety and quality management system. The company has also outlined certain guidelines for the risk control and food safety on the basis of the requirements of associated regulations and legal provisions. Throughout the manufacturing and production processes, the company makes use of the modern management standards and best practices in each supply chain so as to adequately recognize the key risk features and the significant links of industrial chain. The company with time has been able to attain seamless linkages in between the different parts or departments of company associated with production and manufacturing processes. Examples of COFCOs reach and operations include: COFCO straddles the entire agricultural and food processing value chains. It operates from the dinner table all the way back up the fields COFCO is a Fortune 500 company COFCO tomato operations productions produce 500 000 metric tonnes of tomato paste a year which is enough to fill over 1.3 billion 375g bottles COFCO has a tea production of 50 000 tonnes a year this equates to around 33 billion teabags per year COFCOs three rice facilities can produce 2250 tonnes of rice a day COFCO products are purchased by 93 per cent of Chinese households The above made arguments clearly demonstrate the difference in the global manufacturing strategy of each of the companies. Where Apple Inc. seems to be more focus on the technological advancements and providing the people with diverse product line, COFCO is focused on ensuring quality production processes. The company of Apple believes that through offering diverse products and launching products in each of the segment of IT industry, the company can easily meet the different needs and requirements of people. In contrast to this, being associated with different sectors already, the company believes that it is the quality of product that must be maintained and taken care of, if customer satisfaction and stronger customer base is to achieve. The key similarity between the global manufacturing strategies of both the concerned companies is the location of their key production plant. Both the companies have established their production or manufacturing plants in the country of China because of the cheap labor in nation, cheaper taxes, advanced technology, strong economy, and access to world largest population. As stated earlier, both the companies are considered to be the global leaders in their respective field, thus to maintain this position in a highly competitive global market, each of the company attempts to make use of the access to worlds largest population. Apple through its diverse product line and COFCO with its quality products attempt to influence the buying behavior of people and earn maximal profits. People People within both the companies are considered to be a valuable and significant asset as each of the employee and stakeholders highly contribute in each of the decisions and strategies formulated by the companies. Where Apple Inc. has 3,300 temporary and 72,800 permanent full time employees all around the globe, COFCO has over a million employees in multiple locations all around the globe. Since, it is the employees that deal with the companys customers personally; both the companies have been attempting to provide each of its employees with significant opportunities, financial and non financial. Both the Apple Inc. and COFCO has a strong global establishment, thus require a large number of employees to adequately conduct diverse business activities and practices. Apple Inc. is considered to be the first company to integrate multiple products as one and the company argues that this has been possible more due to the commitment of its work force and less due to the technological advancements. The company has been encouraging and working for the employee career development so as to make sure each of its employees not just grows as a professional, but also as a person. The company has been found to utilize and conduct different programs and facilities for its employees so that the company can gain a better understanding of its employees needs and requirements. The determination of company and enhancement in the level of communication with its employees has really paid off for the company and for the employees. Apple Inc. once stated that with its expansion and increasing global reach, the company is focused on providing each of its employees with significant opportunities to make sure that they are treated and addressed with dignity and respect. It is a well known fact that more a company attempts to develop better relationships with its employees, more are the chances that the strategic resources and operations will be managed adequately (Drew et al., 2010). It is not a computer program or IT tool that itself looks over the operations and practices of the company, it is the employee who is held responsible for the same. Thus, the company attempts to provide its employees with effective training and coaching sessions so as to empower and improve them and their lives. Apple has also outlined certain provisions, under which the company attempts to make the people and other associated stakeholders well aware of their responsibilities towards the companys employees. The company believes that it is not just the responsibility of employees to respect the companys stakeholders, but each of the stakeholders also must treat the companys employees ethically and fairly at all times. The company through OHS attempts to provide its employees with an adequate, healthy, and safe work place environment. Other than this, to make use of the employees talents and skills, the company has developed certain career development opportunities for its employees, so that they keep growing and the company grows simultaneously. Similar to the Apple, COFCO also attempts to be respectful and ethical towards each of its employees as it believes that the companys development is also closely associated with the growth of its employees. The company provides its employees with significant career development opportunities that the company believes bring more opportunities to the company for sustainable development. The company seems to be focus more on a diversified employee composition within its organizational structure so as to make sure that each of its sector or department is incorporated with highly skilled and talented employees. Through developing production plantation bases, contracted planting, and other methods, the company has been trying to develop a diversified work force, so that the different skills and intellectuality of the employees can be utilized for targeting different purposes for the company. Most of the practices of COFCO towards its employees are similar to that of Apple as it ensures labor security and also provides its employees with some benefits, in response to their consistent performance. The company also focuses on the prevention first approach, so that the there can be consistent refinements in the labor safety and occupational health management practices. This isalso one of the key reasons behind people attempting to get associated with COFCO. The company has been successful in reflecting itself as an adequate employer through outlining certain performance appraisal and beneficial systems for its employees. Sustainable Operations and Global Supply Chains Sustainability Sustainable development has become one of the key objectives of each of the companies today, irrespective of the industry or market it belongs to. Both the concerned companies, Apple and COFCO again seem to be similar in their strategies to achieve sustainable development. It is a well known fact that the companies which manage its resources and operations efficiently are more likely to succeed and sustainably develop in todays highly competitive global market. However, both the companies differ in their perception towards sustainability. Apple Inc. believes that sustainability refers to the ability to maintain its business at a certain level or time, whereas COFCO defines the term sustainability as the conservation of an ecological balance through preventing the decrease in the natural resources. This difference in the perception is primarily due to the industry each of these companies belongs to. However, as stated earlier, both the companies seem to utilize the same strategy to sustainably develop and grow at an international level. Apple and COFCO consider quality as the key to success, which is clearly evident from the strategies and way they have adopted for the sourcing of raw materials and manufacturing processes. Both the companies have outlined certain Corporate Social Responsibility policies and provisions. These provisions and policies help the company to make each of its employees well aware of the practices and codes that must be complied with within each of their duties, so that company can establish itself for a longer period of time at a global level (Christensen and Overdorf, 2010). The vision and mission of the companies are broad and attempt to attain global success, rather than earning profits from regional markets. The strategies adopted by the Apple to attain sustainability include innovation, heavy investments in R D, compliance with CSR, enhancing customer satisfaction, recruitment of talented employees, expanding the global reach, and enhancing the technological support. Similarly, the strategies adopted by the COFCO for attaining sustainable development include quality products, compliance with CSR, increasing the customer satisfaction level, decreasing the consumption of raw materials, and enhancing the rate of utilization. It is evident from the above made arguments that even if the company perceives the term sustainable differently, the level of commitment and determination is quite similar. Both the companies are attempting to influence the peoples consumer behavior through aligning the management and production processes in alignment with their preferences and needs. Global Supply Chains Apple and COFCO are two of the worlds largest companies, thus require a large amount of materials and resources before initiating the production and distribution processes. It is evident that both the companies have been conducting the complete production processes in the country of China so as to make use of the cheaper labor costs, cheaper taxes, large population, and technological advancement. However, both the companies have been facing certain challenges in managing their global supply chain network and thus, utilize different logistics models. Although the key production plant of Apple is located in China, the raw materials come from different corners of the world, including Canada, USA, Mexico, Brazil, Germany, France, Singapore, Taiwan, and Japan. China and Japan are two of the key supply chain bases for Apple, and because of being close to each other, it is easy for Apple to manage the suppliers pretty well. However, the same is not so easy for the suppliers established in other nations. Thus, the company attempts to communicate and interact with each of its supply chain consistently, so that it can develop better relationships with its overall supply chain network, and utilize the most advanced and modern technology within each of its business activities (Anupindi et al., 2010). The global establishment of company has offered the company with some quality suppliers and quality raw materials. However, importing the raw materials from China is much costlier and lengthier process, the company believes that the return on i nvestment is much higher. The company is not cost sensitive regarding the raw materials sourcing, thus attempts to reach the suppliers with most advanced technological platforms and aspects. This strategy helps the company to keep in touch with each of its suppliers and making its supply chain network well aware that the company is determined and committed towards its suppliers as a partner. The design developers and engineering of Apple mainly comes up with the product ideas in the United States, but the overall manufacturing of the products or devices is performed by two of the worlds largest Information Technology Solution companies. These companies include Inventec and Foxoconn, each located in the country of China, thus, making it easier for the company to adequately manage its global supply chain network. As COFCO operates from the fields all the way up to the dinner table, it requires some of the very basic raw materials. It is essential for the company to have access to the food processing and agricultural value chains and thus, work towards attaining long term and stronger relationships with its supply chain network in the global market (Chandler, 2012). Where the company of Apple Inc. tries to utilize the global supply chain network, the COFCO is primarily relied on just the Chinese suppliers for raw materials. Due to different target market, COFCO is associated with local suppliers rather than the suppliers from different countries. The primary suppliers of the company are located in the country of China, similar to Apple, and thus making it easier for the COFCO as well to manage it supply chain network. The company is relied on the local suppliers so as to be cost effective and invest the saved money on other entrepreneurial activities. The company is focused on protecting the global resources and thus attempts to reduce its consumption of raw materials. Because of this comparatively lower consumption rate, the company has been associated with lesser number of suppliers. The company attempts to execute the lean management practices so that each of its suppliers is adequately treated and addressed. The company has also been engaged in numerous projects and strategies to ensure that each of the suppliers of the company is adequately managed and there is no dissatisfaction at either end. Conclusion and Future Apple and COFCO are quite similar in certain aspects and are different in some other. In the context of the management of strategic resources and operations, it is evident that both the companies have been adopting most suitable and best suited practices to achieve a competitive advantage in respect to sourcing of raw materials, global manufacturing strategy, their people, sustainability, global supply chains and logistics models through to delivering goods and services to customers. However, the companies differ in certain aspects, as in the supply chain network, but still the practices or strategies adopted for the management of strategic resources and operations are valid and suitable for each of the company. The companies seem to well aware of their weaknesses and strengths as each of them attempts to target different segment of consumers and markets. However, Apple Inc. needs to work more on complying with its CSR policies, whereas the COFCO needs to expand itself much more in the global market through utilizing different suppliers at different regions. Both the companies have been associated with different industries and need to think differently. The best way to attain sustainable development for Apple is offering the people with best product in competitive prices and not in premium prices. On the contrary, COFCO can attain sustainable development through expanding its product line, and rather than working in different sectors, need to concentrate its focus on most significant sections of its business. Thus, both the companies have been efficient enough to adequately manage the strategic resources and operations, but there are still some loopholes which must be addressed appropriately . References Andrews, R. (2011). The Concept of Corporate Strategy. Homewood, IL: Irwin. Anupindi, R., Chopra, S., Deshmukh, D., Van Mieghem, A. and Zemel, E. (2010). Managing Business Process Flows: Principles of Operations Management. Upper Saddle River, NJ: Pearson. Cachon, G. and Terwiesch, C. (2011). Matching Supply with Demand: An Introduction to Operations Management. New York, NY: McGraw-Hill. Chandler, D. (2012). Strategy and Structure: Chapters in the history of industrial enterprise. New York, NY: Doubleday. Christensen, M. and Overdorf, M. (2010). Meeting the challenge of disruptive change. Harvard Business Review 78(2), 67-76. Drew, J., McCallum, B. and Roggenhofer, S. (2014). Journey to Lean: Making Organizational Change Stick. New York, NY: Palgrave, Macmillan Publishing. Van Mieghem, A. (2010). Operations Strategy: Principles and Practice. Belmont, MA:Dynamic Ideas.

Quest For Fire Essays - Films, Quest For Fire, The Tribe

Quest For Fire Quest for Fire This story happens 80,000 years ago when our ancestors first discovered the power of fire, but did not know how to master it. One day, a peaceful tribe is attacked by apes and wolves. Many die in the fighting and the tribe is forced to leave their territory. They move to a small island, and on their way, they lose their treasurefire. Fire to them is like the door to a house. Without the door, the house will not collapse. But when a robber comes, the house has no protection. Without fire, men can live, but they lose their most powerful weapon when they are attacked. Thus, the tribe is in a great danger. An attack of wolves or other beasts can easily kill them. Because they don't know how to make fire, they send out three members of the tribe to look for fire. On their way, they save a girl but she runs away later. Then the three men are captured by another more advanced tribe (everyone in the area seems to be evolving at a different rate). In the tribe, they meet the girl who they saved earlier and one of them fell in love with the girl. They also learn how to make fire on their own. The three men and the girl flee one day and return to the small island where their tribe is. The people of their tribe are very excited about their return and they are even more exciting when they learn that they can make fire by themselves. From now on, humans life is no more depends on Gods favor. They can manage their own life. In spite of causing me nearly to vomit, this movie has some good aspects. It uses excellent sound effects and perfect makeup technique to make this movie very realistic. There is no dialogue throughout the whole movie, but the body language and gestures of men well explain the story. This movie makes you think a lot about our ancestors, where we came from and how we would survive in a world where the secret of how to make fire is as momentous as we would regard the moon landing today . . . This movie also makes me feel grateful that I do not live 80,000 years ago. Their life is brutal and savage. They have no houses, no cars and they have to fight with animals face to face. Compared to them, we are living in a paradise right now. Bibliography a review of movie quest for fire

Using the Spanish Verb Dar

Using the Spanish Verb 'Dar' Although the Spanish verb dar is most often translated as to give, it also is one of those verbs whose meanings or translations can vary widely with the context. Those meanings, however, are usually related to the concept of giving in a broad sense of the word. A common example would be a sentence such as El sol da luz. A literal translation of The sun gives light wouldnt be wrong- but most English speakers would be more likely to say something such as The sun sheds light or, more simply, The sun shines or The sun is shining. Everyday Figurative Uses of Dar Most often, when something other then give works as a translation of dar, the meaning can be figured out by thinking of giving in a general or figurative sense. Here are some everyday examples that are mostly easy to figure out if you know the meaning of the noun serving as an object of dar: El reloj dio las tres. (The clock struck three. Literally, the clock gives three.)Dieron golpes a mi hijo. (They hit my son. Literally, they gave blows to my son.)Te damos gracias. (We thank you. Literally, we give thanks to you.)Darse a conocer. (To make oneself known.)Me dio un abrazo. (She hugged me.)Dar la mano. (To shake hands.)Dar un paseo. (To take a walk.)Darse vuelta. (To turn.)Darse prisa. (To hurry.)Darse a la vela. (To set sail.)Darse a entender. (To suggest.)Darse de comer. (To feed.)Darse fin. (To finish.) Phrases Using Dar Dar is also used in a variety of phrases whose meaning isnt always so predictable. Here are some of the most common of them, along with sample sentences. When using the phrases in this list, alguien is replaced by reference to a person, while algo is replaced by reference to a thing. dar alcance: to catch up with. (Los agentes dieron alcance al ladrà ³n. The agents caught up with the thief.)dar algo a alguien: to give something to someone. (Dieron un carro a su hijo. They gave a car to their son.)dar con algo (o a alguien): to find something (or someone) (Di con mi lpiz en la escuela. I found my pencil in the school.)a alguien dar por (o en) (infinitivo): to decide to (verb) (Me di por (o en) salir. I decided to leave.)dar a lugar: to look over a place (La ventana da a la ciudad. The window overlooks the city.)dar luz, dar a luz: to give birth (Marà ­a dio luz a Jesà ºs. Mary gave birth to Jesus.)dar de cabeza: to fall on ones head. (Dio de cabeza en el gimnasio. He fell on his head in the gymnasium.)dar de narices: to fall flat on ones face. (La chica dio de narices. The girl fell flat on her face.)dar lo mismo: to make no difference. (Comià ³ mucho, pero lo mismo dio. She ate a lot, but it didnt make a difference.)darse a algo: to give or devote oneself (to something). (Se da a su trabajo. He gives himself to his work.) dar a alguien (o algo) por (adjectivo) o (participio): to assume or consider someone to be (adjective or participle). (La dieron por feliz. Doy la lucha por concluido. She was considered to be happy. I consider the fight to be over.)darse cuenta de: to realize. (Me di cuenta que ella estaba aquà ­. I realized she was here.) Conjugation of Dar Keep in mind that dar is conjugated irregularly, especially in the preterite form: yo di, tà º diste, usted/à ©l/ella dio, nosotros/nosotras dimos, vosotros/vosotras disteis, ustedes/ellos/ellas dieron. In the present indicative tense, the one most often used, the first-person singular form is doy (I give). Other irregular forms exist in the subjunctive and imperative moods. In many of them, the stem changes from d- to dier-. Key Takeaways Dar is a common verb whose literal meaning is to give, but it can be used in a wide variety of ways where its translation depends on context.Dar is also commonly used in phrases where its meaning isnt ready apparent.Dar is conjugated irregularly.

Rubber Chicken Bone Science Experiment

Rubber Chicken Bone Science Experiment You wont be able to make a wish on a wishbone with the rubber chicken bone science experiment! In this experiment, you use vinegar to remove the calcium in chicken bones to make them rubbery. This is a simple project that illustrates what would happen to your own bones if the calcium in them is used more quickly than it is replaced. Materials for This Project VinegarChicken boneJar big enough you can cover the bone with vinegar While you can use any bone for this experiment, a leg (drumstick) is a particularly good choice because its normally a strong and brittle bone. Any bone will work, though, and you can compare bones from different parts of a chicken to see how flexible they are initially compared with how they change when calcium is removed from them. Make Rubber Chicken Bones Try to bend a chicken bone without breaking it. Get a sense of how strong the bone is.Soak chicken bones in vinegar.Check on the bones after a few hours and days to see how easy they are to bend. If you want to extract as much calcium as possible, soak the bones in vinegar for 3-5 days.When you are done soaking the bones, you can remove them from the vinegar, rinse them in water and allow them to dry. While you have vinegar handy, how about using it to  make a bouncy ball from an egg? How It Works The acetic acid in the vinegar reacts with the calcium in the chicken bones. This weakens them, causing them to become soft and rubbery  as if they had come from a rubber chicken. What Rubber Chicken Bones Mean for You The calcium in your bones is what makes them hard and strong. As you age, you may deplete the calcium faster than you replace it. If too much calcium is lost from your bones, they may become brittle and susceptible to breaking. Exercise and a diet that includes calcium-rich foods can help prevent this from happening. Bones Aren't Just Calcium While the calcium in bones in the form of hydroxyapatite makes them strong enough to support your body, they cant be made completely of the mineral or they would be brittle and prone to breakage. This is why vinegar doesnt completely dissolve bones. While the calcium is removed, the fibrous protein called collagen remains. Collagen gives bones enough flexibility to withstand everyday wear and tear. It is the most abundant protein in the human body, found not just in bones, but also in skin, muscles, blood vessels, ligaments, and tendons. Bones are close to 70% hydroxyapatite, with most of the remaining 30% consisting of collagen. The two materials together are stronger than either one alone, in much the same way reinforced concrete is stronger than either of it components. Science Ideas to Explore Carbonated soft drinks are also acidic. What happens if you soak bones in soda rather than vinegar?Teeth consist almost entirely of the calcium mineral hydroxyapatite. What do you predict will remain of a tooth if you soak it in vinegar for a long time? How about the effect of soda on teeth?

Four Seasons Hotels and Resorts Essay Example | Topics and Well Written Essays - 2000 words

Four Seasons Hotels and Resorts - Essay Example Luxury rooms and luxury food have become the major features of modern Hotels like the Four Seasons Hotels. While going through the performance report, one finds that the firm has been implementing various strategies in branding, market segmentation, and product positioning. Table of Content 1. Introduction 2. Four Seasons Hotels and Resorts chain in the marketplace 3. Centralization and Decentralization 4. Technology at Four Seasons 5. The Four Seasons Hotels and Resorts’ Internet Site 6. SWOT analysis 1. Introduction The Four Seasons Hotels and Resorts is a Canadian based business organization started by Isadore Sharp in 1960. Today, the company has 74 hotels and 13 resorts operating in 31 countries around the globe, including USA, India, Egypt, Italy, Malaysia, and Hong Cong. The company also provides services like video conferencing, wedding services and vacation packages. It has now become the world’s leading operator of luxury resorts and hotels. Their highest stan dards of service and dedication to the customers have made them the benchmark in luxury hotels. In the opinion of Talbott (2006), the success of the Four Seasons Hotels and Resorts can be attributed to choosing its employees who provides the best genuine and innovative service and its unique organizational culture. 2. Four Seasons Hotels and Resorts chain in the marketplace The Four Seasons Hotels and Resorts has kept a distinguishable place in the marketplace rooted on their motto and vision statement of â€Å"treat others the way you would have them treat you† (Sharp, 2011). This puts the firm in an advantage point above the competing chains in the market. The main business strategy of the hotel is that it only hires people who seem to par with the vision of the organization. The management conducts thorough interview for the employees before they are appointed. The staffs of the hotel are asked to get into interrogation with the top level management regularly; this process makes the employees feel that they play an important role in the organization. On the other hand, in the opinion of Capodagli(n.d) the turnover rate at the Four Seasons Hotels and Resorts is much lower than many other competing luxury hotels. The employees have the chances of getting incentives and bonuses that is above normal. In the opinion of Aufreiter, Elzinga & Gordon (2003), the Four Seasons Hotels and Resorts’ consistency in treating the customers with respect and caring them in an excellent manner distinguished them from competitors. 2. Four Seasons’ delivery of service around the world The Four Season Hotel chain is highly noted for its excellent customer service all over the world. Burke, Martin & Cooper (2011 p.9) also state that the four qualities that hold the Four Seasons above some of their competitors are service, quality, culture, and brand. While delivering service over the international market, the Four Seasons Hotels and Resorts hold the view that there are things that have to be sustained in the same manner for some properties and there are things that must be differentiated according to the culture of the area the hotel is located in. Technology is used only as a complementary tool to the human interactions. A telephone call is made as a follow-up to answer the e-mail send by a customer. Whenever the Four Seasons’ officials visit their different properties, they spend time having dinner with the top-level

Integration of Operations Management with Human Resource Activity Essay

Integration of Operations Management with Human Resource Activity - Essay Example (Nankervis, Compton & McCarthy, 1999, p.190). One of the changes is the increasingly important role of line Managers. In many organizations the people who implement the HR strategies are line managers. Line managers are often people from the lower ranks of the management hierarchy and lack formal management training. According to a study conducted by the Bath University for theChartered Institute of Personnel and Development (CIPD), these line managers carry out several HR activities like training, communication and people management, discipline and grievances and performance appraisals.(CIPD,2005) While HR managers have traditionally created job descriptions and then tried to find the right person to fit into the job, today's organizations call for integration among their components giving rise to the need for flexibility to use their staff as per the changing requirements.(Essex, Kusy, 1999) Job Analysis: In order to find the right person for the right job, HR managers need to conduct a job analysis to understand the nature of work done by the different employees holding different titles. This would involve examining the b. a. objectives of that job, b. the responsibilities involved c. relation of that job to other functions in the organization. d. the minimum academic qualification of an employee eligible for that job. (Russo.S) Once the job analysis is done, the HR person can look for a person who can take up that job. Sources for Recruitment -The selection and recruitment of 'the right person' for the various job is a laborious task. There are two basic sources HR managers usually look at - a. Internal Sources: HR managers can scout for talent within their organization in what is termed as recruitment from internal sources. b. External Sources: External recruitment on the other hand refers to recruiting personnel from sources outside the organization. Advertising, Internet recruitments, and employment agencies all play a significant role in the external recruitment process. (Bergman, 2001) Selection Process: The selection process follows many steps. These include a. Filling in application forms which must be designed to unravel the skills of the applicant and his/her eligibility for the job b. Interviews and Tests which allow the HR personnel to assess the suitability of the

Research Study on Organizational Commitment Essay Example for Free

Research Study on Organizational Commitment Essay IntroductionOrganizational commitment is an organizational member’s psychological connection or feeling of belongingness to the organization CITATION Edu15 l 1033 (Educational Portal). This commitment to an organization creates a feeling of passionate affection within a stakeholder of an organization, creating a desire for that / those individual(s) to do anything necessary for the organization to succeed. Organizational commitment is an indispensably huge role that determines whether a stakeholder will remain at the organization willingly, if given a choice. This is a determinant as to whether this individual will produce at the top of his skill index to ensure that the organization moves much closer, or in the direction of its goals. According to the three- component model (TCM), the organizational commitment is made up of three unique components. These are affective commitment, continuance commitment and normative commitment. Affective commitment encompasses the love for your career or job. This happens when one has a strong feeling of emotional attachment to their organization or company, and zealously works to promote the interests of that organization. These people have internalized the organization’s values, vision and goals, and have a sincere feeling of wanting to work for the organization for a longer period CITATION Min151 l 1033 (Mind Tools). This happens when the employee is happy at their workplace. There are factors that will normally contribute to this affection. Some of the reasons include freedom of thought and innovation, appreciably good salary, better employee terms among other things that could make employees feel that they are important and are valued by their employer. Whatever these reasons are, this affection is imperative to the organizational success. Hypothesis: Employees who are treated in a respectful manner in an ethics based organization are more likely to be happier than employees that belong to a profit oriented organization. Continuous commitment is an express fear of loss. This kind of commitment comes by when employees measures up the advantages and disadvantages of being at the organization compared to their exit CITATION Min151 l 1033 (Mind Tools). This comes as a result of a realization that staying at your current position in your company has better terms or benefits than leaving the company. For instance, if one wanted to move from one company or organization, they will not only consider monetary benefits, but a number of other parameters. These parameters include employee terms of welfare, available position of responsibility within the new organization, among other benefits one stands to lose or gain. Another reason could be completely unrelated to profession; one could be attached to their friends at the organization, that moving from the organization is a risk of breaking these bonds. The relentlessness of the continuance commitment increases with advancement of age and professional responsibi lity. Those who are so advanced in both of these factors will feel a certain kind of inertial force that hardly allows them to leave. Hypothesis: People who have successively progressed up the ladder within an organization, and / or age feel the severity of continuance commitment the most. Normative Commitment is the sense of obligation that one feels for an organization. Some people feel that it is the right thing to do, for them to belong to the organization they do belong to. This sense of belongingness occurs even when one is not happy with their position. They are often held back from pursuing even better opportunities CITATION Min151 l 1033 (Mind Tools). This feeling could arise from an array of reasons. A great example is a son working at their father’s firm, He will get a kind of virtual family pressure to weigh the burdens of the organization in order to make it successful. Even if there existed better opportunities, this son will turn them down for the sake of keeping their parents happy. Another scenario that could occur is when a wife works for an organization within a region. The job she does could only be offered by only her current company within the whole region or even country. Due to her domestic responsibilities, she cannot leave to pursue her career interests in another region of the country. This sense of obligation could drain the company of energy because normally, there is no zeal to work, but one will only perform at an average. Hypothesis: more married people will tend to work for a certain firm on a normative commitment basis than the single professionals. All the above forms of commitment are segments of organizational employee response due to certain organizational behaviors. The underlying fact is that employees have their personal needs, and will tend to place these interests first. When these interests are well provided for, the employees will automatically feel appreciated and will tend to happily offer service to the organization. As it has been stressed before, happy employees make more productive and successful companies CITATION And14 l 1033 (Oswald, Proto, Sgroi, 2014). On a practical scale, companies like Google have benefited from employee first approach. The company has invested a lot in employee support and satisfaction while allowing for imagination, creativity and innovation CITATION Kel14 l 1033 (Parkes-Harrison-Warwick, 2014). Some companies have got it right while others are yet to get it right. We carried a research into the various aspects that contribute to this phenomenon of organizational commitment. We use different techniques to measure or research into different Organizational behavior, including self-reporting scales, behavioral observation and organizational records analysis such as performance appraisal forms, time card data, absenteeism rates, productivity indices In this research, we use the self-reporting scales. Self-report study involves use of questionnaires, surveys or polls that let respondents respond to questions in a manner the respondents choose. This kind of survey is focused on extracting information from participants about their attitudes, feelings and beliefs on certain topics. It could be a form of interview, provision of answers to open and closed questions, rating scales, fixed choice questions among others. Reliability on these methods is dependent upon their consistence in providing similar results if used repeatedly in similar circumstances. Validity of the response is also a matter of concern. Especially for questionnaires, respondents may or may not give accurate or sincere answers to certain questions depending on the parameters provided. For example, Anonymous questionnaires or response forms are more likely to produce valid answers. In this survey, we carried a survey in which we asked various questions related to the hypotheses stated in within this document. We adopted the anonymous response questionnaire system to enhance validity of our research. We asked them to rate different departments, work conditions and parameters. The respondents were to respond to questions regarding the hypotheses. They were requested to rate the questions on four guided answers: Strongly agree, Agree, strongly disagree, and agree. Our respondents were 30 employees of different organizations. Results             We set ourselves to find out the validity of three hypotheses regarding the tenets of organizational commitment. These hypotheses stated as follow: Hypothesis 1: Employees who feel appreciated are happy and are more likely to be affectively committed to an organization Hypothesis 2: older employees and those who get promoted are likely to stay within an organization out of continuance commitment Hypothesis 3: most married people are normatively committed to organizations. The validity of our hypotheses had some concurrence with our respondents. However, what the survey disqualified is the sense of promotion as a determining factor to employee continuance commitment. Instead, the people who got promoted in organizations were the productive cream of the organization. This means that they felt a conviction to work for the organization. Such people were comfortably placed within the category of affective commitment. Conclusion             The survey conducted was successfully concluded and in our finding, hypothesis 1 was completely valid as most people agreed with it. Hypothesis 2 produced mixed reactions. Most agreed that older people were committed to the organization due to continuance commitment. Hypothesis 3 was completely valid as most people agreed with this hypothesis. All respondents had their reasons, as evident on their additional comments, including fear of family strain and divorce for the third hypothesis. References BIBLIOGRAPHY l 1033 Educational Portal. (n.d.). Organizational Commitment: Definition, Theory Types. Retrieved January 28, 2015, from Educational Portal: http://education-portal.com/academy/lesson/organizational-commitment-definition-theory-types.html Mind Tools. (n.d.). The Three Component Model of Commitment. Retrieved January 28, 2015, from Mind Tools: http://www.mindtools.com/pages/article/three-component-model-commitment.htm Oswald, A. J., Proto, E., Sgroi, a. D. (2014, february 10). Happiness and Productivity. Retrieved January 28, 2015, from http://www2.warwick.ac.uk/fac/soc/economics/staff/eproto/workingpapers/happinessproductivity.pdf Parkes-Harrison-Warwick, K. (2014, March 21). Google is right: We work better when we’re happy. Retrieved jaanuary 28, 2015, from futurity.org: http://www.futurity.org/work-better-happy/ Source document

The First Amendment and Conservative Rulings of the Supreme Court :: Politics Political Essays

The First Amendment and Conservative Rulings of the Supreme Court The authors of the Constitution of the United States created a magnificent list of liberties which were, at the time ascribed, to most people belonging to the United States. The main author, James Madison, transported the previous ideas of fundamental liberties from the great libertarians around the world, such as John Lilburne, John Locke, William Walwyn and John Milton. Madison and other previous libertarians of his time were transposed into seventeen different rights which were to be secured to all those in the United States. These seventeen civil liberties were compressed into ten different groupings which were designated as the "Bill of Rights." In this document lay the First Amendment which stated that the people of the United States had the "freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government..." The First Amendment was drafted by federalist Madison mainly as a political tactic to abolish anti-federalist resistance to the Constitution. After its passage in December of 1791, the First Amendment remained more idealistic than realistic. The First Amendment remained a set of ideals which were not to be carried out during its first century, then progressed to more realistic terms during its latter half of utilization. During the first century of the First Amendment, the First Amendment was paid a glance by all when it came to actually carrying out the freedoms guaranteed by this amendment. For example, in 1794, Pennsylvanian backcountry farmers protested a whiskey tax. The protesters were not violent such as those of the previous Shay's Rebellion. George Washington sent in a militia to crush the rebellion denying them of their First Amendment right to "peaceably assemble." Later, in 1836, antiÄ sl avery newspaper editor James G. Birney had been warned that his newspaper "The Philanthropist" was not desirable in the city of Cincinatti. When Birney refused to cooperate, mob action took rule and, "scattered the type into the streets, tore down t he presses and completely dismantled the office." This contradicted the First Amendment which stated that, "freedom...of the press," is a constitutional right. The Supreme Court could do nothing about these situations when in Barron v. Baltimore, t he Court ruled that, "These amendments contain no expression indicating an intention to apply them to state governments. This court cannot so apply them." Thus, the Supreme Court could not interfere when First Amendments The First Amendment and Conservative Rulings of the Supreme Court :: Politics Political Essays The First Amendment and Conservative Rulings of the Supreme Court The authors of the Constitution of the United States created a magnificent list of liberties which were, at the time ascribed, to most people belonging to the United States. The main author, James Madison, transported the previous ideas of fundamental liberties from the great libertarians around the world, such as John Lilburne, John Locke, William Walwyn and John Milton. Madison and other previous libertarians of his time were transposed into seventeen different rights which were to be secured to all those in the United States. These seventeen civil liberties were compressed into ten different groupings which were designated as the "Bill of Rights." In this document lay the First Amendment which stated that the people of the United States had the "freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government..." The First Amendment was drafted by federalist Madison mainly as a political tactic to abolish anti-federalist resistance to the Constitution. After its passage in December of 1791, the First Amendment remained more idealistic than realistic. The First Amendment remained a set of ideals which were not to be carried out during its first century, then progressed to more realistic terms during its latter half of utilization. During the first century of the First Amendment, the First Amendment was paid a glance by all when it came to actually carrying out the freedoms guaranteed by this amendment. For example, in 1794, Pennsylvanian backcountry farmers protested a whiskey tax. The protesters were not violent such as those of the previous Shay's Rebellion. George Washington sent in a militia to crush the rebellion denying them of their First Amendment right to "peaceably assemble." Later, in 1836, antiÄ sl avery newspaper editor James G. Birney had been warned that his newspaper "The Philanthropist" was not desirable in the city of Cincinatti. When Birney refused to cooperate, mob action took rule and, "scattered the type into the streets, tore down t he presses and completely dismantled the office." This contradicted the First Amendment which stated that, "freedom...of the press," is a constitutional right. The Supreme Court could do nothing about these situations when in Barron v. Baltimore, t he Court ruled that, "These amendments contain no expression indicating an intention to apply them to state governments. This court cannot so apply them." Thus, the Supreme Court could not interfere when First Amendments

Contact Zones of Education

In 1885, Bishop John Ireland turned his dream into a reality when he founded Saint Thomas Academy. The mission of the all-male, college preparatory institution read as follows: â€Å"to help young men build a solid foundation of responsible leadership within themselves, the Academy, the Catholic Church, and the community† (Ireland). His vision has turned into one of the oldest high schools in the state of Minnesota. This idea has both of Pratt’s elements heterogeneous and homogeneous folded into one simple Academy.Having the opportunity to be educated in this somewhat unconventional style, I was introduced to a community and contact zone through my many different experiences throughout my career there. One of the most obvious attempts to create a homogeneous atmosphere associated with Saint Thomas Academy (STA), is the all male aspect forced onto the students. This style of education provides individuals with the ability to be themselves without the pressure of impressi ng a female or the self-consciousness many teenage males experience throughout their education.In other words, the all-male experience created, what Pratt refers to as a â€Å"safe house† or more specifically a â€Å"social and intellectual space(s) where groups can constitute themselves as horizontal, homogeneous, sovereign communities with high degrees of trust, shared understandings, temporary protection from legacies of oppression† (511). The level of trust created here is unrivaled compared to anything else I have ever experienced. The community acted as a family rather than a student body. This idea became more evident in smaller communities such as the athletic and extra circular activities.These teams were often very successful because of this unique bond created. The idea of an all-male student body did not always favor an ‘imagined community’- the term Benedict Anderson uses to describe the existence of safe houses within the academy. He expands this idea by saying â€Å"Languages were seen as living in ‘speech communities,’ and these tended to be theorized as discrete, self-defined, coherent entities, held together by homogenous competence or grammar shared identically and equally among all members† (Pratt, 507).As one might expect, students of STA carried themselves in a very different manner at school than they did on the weekends when they were interacting with females. They would change the way they dressed, talked, and even the way they would act. Similarly, students adapted to the all male environment in a similar fashion. The first couple of weeks of school for new students at STA set the foundation of the atmosphere the all-male aspect created for them to form a fraternal bond with one another. This was usually the first experience students ever encountered in their education, resulting in more of a ‘contact zone’ initially.Any new student undergoes a certain level of anxiety and se lf-doubt, but adding a completely new element, such as a same-sex community, elevates ones anxiety. Since this is one of the only high schools in the more broad community such as the city or even state in this case, the students of STA were often open for criticism by the more ‘traditional’ co-ed schools. Students were forced to learn how to block out distraction at an early age which is a benefit of this contact zone. Pratt addresses a similar benefit of contact zones in the classroom as: â€Å"the most exciting teaching we had ever done, and also the hardest.We were struck, for example, at how anomalous the formal lecture became in a contact zone† (Pratt, 510). This experience and my experience as a student at a school that was more vulnerable to criticism parallel wachother in many ways. Indeed it was difficult dealing with more distractions in high school than most students do, yet it taught be valuable lessons that I can use today. We were typically put into a completely different category than students of surrounding schools, and for that we learned to conduct ourselves in the appropriate manner. I experience this same stereotype being a member of a fraternity here on campus.We often get judged and have a negative label put on us also. I have been able to use the skills I was taught in high school to portray myself, as well as all members of our fraternity in the most positive way possible- just as we were forced to do at STA. Finally, the comfort gained from the lack of female pressure is lost upon graduation- turning this imagined community into a very dangerous contact zone. Since STA is a college preparatory academy, it is expected that students continue their education at a further level. Pratt speaks of this idea in her lecture also.She says â€Å"along with the rage, incomprehension, and pain, there were exhilarating moments of wonder and revelation, mutual understanding, and new wisdom- the joys of the contact zone† (Pr att, 511). I would say this is exactly how I would describe my experience when I began college. I was put back into a co-ed atmosphere, and forced to adapt to the expectations of a new, unfamiliar, community. Through the early months here I underwent many different incidents where I had similar feelings of Pratt’s students in the classroom- yet another comparable benefit of the ‘contact zone’ I share with Pratt.Another portion of STA’s mission includes teaching students catholic values as well as providing him with â€Å"military style† leadership skills. In some ways this reflects an imagined community in the sense that all students are taught catholic values. This provides a uniform foundation for them to develop into a successful individual. It also brings a sense of spirituality to this community- which is another element that cultivates the growth and cohesiveness between each student. Not only do students understand similar religious beliefs, they are put through a method of leadership training which includes a major military element.It parallels military training by holding all individuals to an appearance standard and teaches students effective communication skills. This sense of belonging and higher level of expectation describes an imagined community as students face challenges together and can learn from each other. This can simultaneously create a contact zone too or as Pratt might call ‘transculturation’. For instance, the students who believe in a religion other than Catholicism feel excluded and this can create a feeling of disconnect between members.At the same time these students could use this experience to learn how to express differences and effectively convey their ideas and belief’s. Students who are more timid and do not excel in leadership can often feel like they are missing out on something a majority of their classmates experience. Both examples make for great classroom discussion and for students on either end of the spectrum to perceive a situation from a new point of view. Pratt says this is necessary for continued development too.She says this while speaking of Poma’s text: â€Å"Such a text is heterogeneous on the reception end as well as the production end: it will read very differently to people in different positions in the contact zone† (506). She is supporting the underlying benefits of individuals or communities disagreeing with one another, which is the ultimate goal of a contact zone. Finally, the social groups that exist in STA prove to create an unexpected contact zone. Since it is such a unique school, many students from different backgrounds chose to attend.Because of the variety of students STA attracts, it is impossible to avoid different social groups that exist within the homogeneous community. These social groups cause a disconnect between students and at times can have a very negative impact on the student body. These imp acts can lead to a variety of actions that do not reflect the values STA hopes to instill on its students and can impact the school in a very negative way. Pratt supports the idea of a contact zone in education, but not to the extent of creating extreme conflict between students.In a way it is necessary of the imagined community to exist. For STA this means that the entire student body be held to the same standard and expectations. When too much one two groups inside this community clash too much, it creates a contact zone that has no positive impact. She describes this in her lecture by saying: â€Å"Despite whatever conflicts or systematic social differences might be in play, it is assumed that all participants are engaged in the same game and that the game is the same for all players† (Pratt, 508).Her message here is similar to what STA intends to instill on its students, that is, when conflict occurs in the right environment- it can be positive and provide opportunity for growth. Through my experience at this unconventional school, I have encountered contact zones existing in or with an imagined community. When practiced in a specific manner, these two ideas have the ability to coexist and positively impact a situation. When a contact zone becomes unmanageable, the result is mostly negative and can hinder the growth of a group of people or an individual.

Satire and Epic Conventions

Alexander Pope was the author who set the trend of the Augustan Age. The poem ‘Rape of the Lock’ was prompted by a real incident when Arabella Lemore’s lock of hair was snipped by Peter, another member of the aristocratic family. This led to the feud between the families and hence Pope was summoned to attempt on reconciliation. The fact lies in a trivial matter blown out of proportion. But Pope extended his courtesy in making a satire of all the possible members who constituted the 18th century aristocratic society. The society once praised for its lofty values came down to spending time on frivolous matters. Pope vividly describes the occupation of Belinda who wakes up late because of having spent an entire evening courting and alluring men. After she wakes up, she is preoccupied reading the ‘billet-doux’ that she had received from her admirers. The poem as a mock-epic comes from the description of how the aristocrats spent time playing cards, a mock-epic battle. The society Pope mocks soon followed the heroic epic period where battles were fought to defend honor and pride and heroes became legends. But the society Pope satirizes fell far short of epic glory. Even morals and values were treated recklessly. Men and women indulged in extra-marital affairs that most husbands suspected that their wives cheated on them with their lovers. Women mourned over their late husbands, as much as they would over their lapdogs. Law and order was also on an imbalanced scale of justice since it was held by irresponsible judges who were eager and quick to pass judgment without investigating. Men of yore exhibited their chivalry by being warriors but during Pope’s time men exposed their chivalry by paying complements to women, flirting and gambling. Through the character of Clarissa, who actually aids in having Belinda’s hair cut off by offering a pair of scissors to Baron, and then later advises that Belinda should pay more attention to her virtues than given into the vanities of her youth. Because it’s the virtues that will outlive her while everything else will fade away. The employment of mock-epic is use the form to mock the society. Pope clearly sent the message across to the aristocratic community through his satire and till day ‘The Rape of the Lock’ remains most popular text of the Augustan Age.

BigChoc, a manufacturer of organic chocolate Essays

BigChoc, a manufacturer of organic chocolate Essays BigChoc, a manufacturer of organic chocolate Essay BigChoc, a manufacturer of organic chocolate Essay BigChoc, a maker of organic cocoa called Delicio, won the gold decoration for the purest organic cocoa at the International Food Fair for the last three old ages. Its European office and mill is located in Balmoral, United Kingdom ( UK ) . BigChoc s caput office is in North America. BigChoc sells Delicio in three EU Member States the UK, Ireland and France and has about 60 % of the market for organic cocoa in each of these states. LArtisan is a little Gallic company that manufactures organic cocoa, which it besides sells in the UK, Ireland and France. It has about 10 % of the market for organic cocoa in these three states. Marta owns a store and cafe merchandising organic green goods in the small town of Balmoral where she sells BigChoc s Delicio and LArtisan s organic cocoa. A month ago BigChoc s gross revenues representative visited her store and told her that she must halt selling LArtisan s cocoa or BigChoc would non provide her anymore. Marta refused and BigChoc sent her a facs imile corroborating that it would non provide her anymore. Marta s concern has suffered as she has ever sold more of BigChoc s Delicio than L’Artisan’s cocoa. Because LArtisan is a little company it does non hold the capableness to provide her with every bit much organic cocoa as she needs. However, she has read an article on LArtisan in the Wall Street Journal, which describes the company s programs for enlargement. CandyCo a Belgian manufacturer of organic bars decides to do organic cocoa bars and to sell them in six EU Member States including the UK, Ireland and France. Its market research reveals that many clients with particular dietetic demands, and pregnant adult females, choose merely those organic merchandises known for holding the purest organic ingredients. However, BigChoc has refused to provide its Delicio cocoa to CandyCo and decides to do organic cocoa bars itself. CandyCo approaches LittleChoc, another manufacturer of all right organic cocoa, which pres ently sells its cocoa in Belgium and the remainder of the EU but non in Ireland, France and the UK. LittleChoc besides refuses to provide CandyCo, which has noticed that LittleChoc s and BigChoc s monetary values for organic cocoa are the same throughout the EU. On a recent vacation in Belgium Marta visits CandyCo s mill store and learns of these events. Advise Marta on the deductions of the actions of BigChoc and LittleChoc under Article 81 and Article 82 EC. In this essay I shall discourse the deductions of the actions of BigChoc and LittleChoc non merely under Article 81 and Article 82 EC, but besides under Chapter I and Chapter II of the Competition Act 1998. These latter commissariats are based upon the several EC Articles, but differ in their geographical range ; we may therefore happen that whilst no damages for Marta can be found through application of Article 81 and Article 82 EC, such damages might be possible under the more limited range of the Chapter I and II prohibitions of the UK’s Competition Act 1998 ; in this manner, any advice given to Martha on the deductions of the actions of BigChoc and LittleChoc would perchance be uncomplete without a treatment of the prohibitions at both the EC and national degree. It is for this ground I have chosen to widen the range of my response in this manner. In order for Martha to seek amendss for her loss of concern, she must be able to reason that she was compelled to do her determination to stop supply with BigChoc i.e. that the harm was non caused through her ain pick to stop supply. She must therefore argue that had she accepted BigChoc’s judicial admission to discontinue trading with LittleChoc, so she would hold been party to an understanding which would hold been in breach of EC Community and UK National Competition statute law. With this in head, allow us analyze whether or non, had Martha agreed to BigChoc’s judicial admissions, to what extent the actions of BigChoc might be deemed to be in dispute of the prohibition commissariats of Article 81 EC and Chapter I of the Competition Act 1998: Both Article 81 EC and Chapter I [ 1 ] apply to understandings between projects which have as their object or consequence the bar, limitation or deformation of competition. Article 81 applies to the bar, limitation or deformation of competition within the common market and the extent to which these projects affect trade between Member States. Chapter I applies to the bar, limitation or deformation of competition within the UK and the extent to which these projects affect trade within the United Kingdom. Before analyzing the facts of the job and trying to place any understandings which might, prima facie, be seen to come within the range of either of these commissariats, allow us foremost examine the Article and Act in closer item in order to set up a more strict choice standard: Article 81 ( 1 ) EC and Section 2 ( 2 ) of the Competition Act 1998 provide a non-exhaustive, but exemplifying list of understandings to which the commissariats apply. The lists contained within each of these several legislative acts are indistinguishable, and are as follows: Those understandings to which these commissariats apply, are those understandings which†¦ â€Å" ( a ) straight or indirectly fix purchase or selling monetary values or any other trading conditions ; ( B ) bound or control production, markets, proficient development or investing ; ( degree Celsius ) portion markets or beginnings of supply ; ( vitamin D ) use dissimilar conditions to tantamount minutess with other trading parties, thereby puting them at a competitory disadvantage ; ( vitamin E ) make the decision of contracts capable to credence by the other parties of auxiliary duties which, by their nature or harmonizing to commercial use, have no connexion with the topic of such contracts.† In the facts of the job we are told that BigChoc s gross revenues representative visited Marta’s store and told her that she must halt selling LArtisan s cocoa or BigChoc would non provide her anymore. Prima facie, this non-consensual ‘arrangement’ between BigChoc and Martha may be seen as impacting trade both between Member States [ 2 ] , and within the United Kingdom [ 3 ] , and as such, we should analyze this agreement under both Article 81 EC and Chapter I of the Competition Act 1998. Article 81 will merely be deemed applicable where the project in inquiry ‘may have caused an appreciable consequence on interstate trade’ ; this phrase has been interpreted loosely by the instance jurisprudence of the European Courts, and as such leading facie we can be confident that such an affect would be deemed to hold been created by the infliction of BigChoc’s ultimatum. Chapter I will merely be applicable where the understanding is, or is intended to be implemented in the UK [ 4 ] ; there is no uncertainty that BigChoc’s proposed understanding was intended to be implemented in the UK, and as such, leading facie, we can stay confident at this phase that Chapter I of the Competition Act 1988 will besides be applicable to this project. A note should be made here in relation to the existent term ‘undertaking’ , as used both by myself above, and besides in the diction of the several EC and National Law commissariats: In the instance of Hofner and Elser v Macrotron [ 1991 ] [ 5 ] , the significance of ‘undertaking’ was held to cover ‘any natural or legal individual engaged in economic activity, irrespective of its legal position and the manner in which it is financed’ . This definition provides no jobs in our chase of a claim against BigChoc under the Article 81 or Chapter I prohibitions. As for whether this agreement is one which might be seen to sufficiently do the bar, limitation or deformation of competition within the common market/UK market, it should be noted that the agreement is really similar to the illustration stipulated in portion ( vitamin E ) of the list of understandings to which the commissariats apply [ 6 ] ; in kernel, BigChoc were renegociating Martha’s supply contract of Delicio cocoa. BigChoc stated that the contract would non be concluded unless Martha agreed to accept a auxiliary duty non to merchandise with BigChoc’s rival L’Artisan ; there is no uncertainty here that this duty is one which, ‘by its nature or harmonizing to commercial use, has no connexion with the topic of the contract, ’ which is the supply of BigChoc’s ware, and nil to make with L’Artisan in any manner whatsoever. The OFT will merely make the determination that BigChoc has infringed Article 81 EC and Chapter I of the Competition Act 1998 if there is â€Å"strong and obliging evidence† to that consequence. This was the wide trial outlined in the instance of NAPP Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading [ 2002 ] [ 7 ] . The Commission’s Notice on Agreements of Minor Importance [ 8 ] provinces what is non to be considered ‘an appreciable limitation of competition under Article 81 EC’ . Agreements between parties [ projects ] which affect trade as between Member States are non be consider being ‘an appreciable limitation of competition under Article 81 EC’ , where†¦ â€Å"the sum market portion of the parties to the understanding does non transcend 10 per cent on any of the relevant markets affected by the understanding where the understanding is made between viing projects ( i.e. projects which are existent or possible rivals on any of the markets concerned ) , or the market portion of each of the parties to the understanding does non transcend 15 per cent on any of the relevant markets affected by the understanding where the understanding is made between non-competing projects, ( i.e. projects which are neither existent nor possible rivals on any of the markets concerned ) .† [ 9 ] This is non any easy ‘guideline’ to use ; we know that BigChoc are a party to the understanding, but their trade is non being adversely affected by the understanding. LittleChoc are non as such a direct party to the understanding, but in visible radiation of the fact that it is them would endure a loss through the agreement between BigChoc and Martha, it would look important that any trial whose purpose is to determine whether or non the affect of the understanding is an ‘appreciable restriction’ , would concentrate non on the market portion owned by BigChoc, but instead that of the victim company LittleChoc. After all, if the of import characteristic of this appraisal is the portion of the market held by the larger company, so this guideline would in consequence be giving the green light for any larger company to merely set little rivals [ those with a market portion lower than 10 % ] out of concern. LittleChoc’s portion in the UK merely 10 % , and h ence non ‘greater than 10 % ’ as required, but the existent per centum of the ‘relevant markets affected’ is much lower than this, as in consequence it is merely LittleChoc’s concern in Martha’s shop which will be adversely affected by this understanding. It hence seems likely that LittleChoc are excessively little a company to ensue in the understanding in inquiry being deemed in dispute of Article 81 EC or Chapter I of the Competition Act 1998. We are told nevertheless that LittleChoc are be aftering an enlargement, and if this does travel in front, so possibly this point should be revisited in visible radiation of its new market place, and ensuing increased affected portion. There is besides a high opportunity that if BigChoc are trying to enforce such conditions on Martha’s store, so they are besides enforcing this status on other retail mercantile establishments who are selling LittleChoc’s wares. If this was the instance, s o LittleChoc could take an action out against BigChoc for their breach of EC and UK Competition jurisprudence, and at least such an action might non fall down at this hurdle. It should be noted nevertheless that even if LittleChoc’s aggregate market portion which is affected by BigChoc’s behavior was calculated to be above 10 % , this would non needfully intend that the OFT would keep that the consequence on competition is appreciable [ 10 ] . Other relevant factors must be taken into history in this finding, such as the content of the understanding and the construction of the market or markets affected by the understanding, such as entry conditions or the features of the purchasers and the construction of the buyer’s side of the market [ 11 ] . It is of import to observe that none of the exclusions provided for by Article 81 ( 3 ) EC and s9 ( 1 ) of the Competition Act 1998 are truly relevant to our understanding in this inquiry. Let us now address the issue of Article 82 EC and Chapter II of the Competition Act 1998, and set up whether BigChoc’s behavior could be deemed a breach of either of these commissariats: Article 82 EC and Chapter 2 [ 12 ] of the Competition Act 1998 are commissariats designed to forbid one company mistreating its dominant market place. Again the Chapter II proviso is based upon the EC Article, the primary difference being in the geographical range of their protection [ 13 ] : Article 82 EC provides that: Any maltreatment by one or more projects of a dominant place within the common market or in a significant portion of it shall be prohibited as incompatible with the common market in so far as it may impact trade between Member States. The Chapter II prohibition provides that: †¦any behavior on the portion of one or more projects which sums to the maltreatment of a dominant place in a market is prohibited if it may impact trade within the United Kingdom. Let us use these commissariats to the state of affairs in our job inquiry, and see if BigChoc’s forced judicial admission that Martha ceases trading with LittleChoc could be held to be an maltreatment of BigChoc’s dominant market place. The two cardinal phases of the trial are as follows: First we must set up that BigChoc is dominant in the relevant market. Then we must reason and set up that BigChoc is in maltreatment of that dominant place [ 14 ] . In order to set up this, the Office of Fair Trading will carry on a elaborate scrutiny of the market concerned and the effects of BigChoc’s behavior within that market. Let us now conduct an scrutiny of our ain, based on the facts provided in the job inquiry, and ascertain the likeliness of BigChoc being found to be in breach of Article 82 EC and Chapter II of the Competition Act 1998: There is no uncertainty that BigChoc are in a dominant place relation to LittleChoc, with a 60 % UK market compared to a 10 % one. As for whether the behavior of BigChoc is sufficiently opprobrious to represent maltreatment under these commissariats, it should be noted for intents of counsel, that both Article 82 EC and Chapter II of the Competition Act 1998 provide a list of behavior which may represent maltreatment. This list is simply exemplifying, i.e. non thorough, but it gives us some thought of how to use these commissariats [ 15 ] : ( a ) straight or indirectly enforcing unjust purchase or selling monetary values or other unjust trading conditions ; ( B ) modification production, markets or proficient development to the bias of consumers ( degree Celsius ) using dissimilar conditions to tantamount minutess with other trading parties, thereby puting them at a competitory disadvantage ( vitamin D ) doing the decision of contracts capable to credence by the other parties of auxiliary duties which, by their nature or harmonizing to commercial use, have no connexion with the topic of the contracts. The agreement is really similar to the illustration stipulated in portion ( vitamin D ) of the list of behavior to which the commissariats apply ; in kernel, BigChoc were renegociating Martha’s supply contract of Delicio cocoa. BigChoc stated that the contract would non be concluded unless Martha agreed to accept a auxiliary duty non to merchandise with BigChoc’s rival L’Artisan ; there is no uncertainty here that this duty is one which, ‘by its nature or harmonizing to commercial use, has no connexion with the topic of the contract, ’ which is the supply of BigChoc’s ware, and nil to make with the limitation of selling L’Artisan in any manner whatsoever. Whether or non BigChoc can seek limited unsusceptibility on the footing that, as per s40 of the Act, the one-year turnover of the company does non transcend ?50 million is unknown from the facts. This unsusceptibility nevertheless is non available under Article 82 EC, and in visible radiation of the fact that this behavior would about surely, under the broad readings offered by the Community Courts, be deemed incompatible with the common market [ in this instance, impacting trade between Member States France and the UK ] , we can be rather confident that such behavior by BigChoc would be held to be in dispute of Article 82 EC. The effects of this violation would in this instance most likely be in the signifier of a fiscal punishment. When puting the sum of any punishment, the OFT must hold respect to its ‘Guidance as to the appropriate sum of a punishment. [ 16 ] ’ The punishment imposed may be of up to 10 % of the world-wide turnover of BigChoc, flop as expressed above, the concluding determination is up to the OFT, who are, as a consequence of the Modernisation Regulation, in charge of such appraisals [ 17 ] . As for Marta ; she may use to the tribunals as a 3rd party and seek amendss for her loss of concern and besides possibly to seek an order coercing BigChoc to restart her supply, although it is more likely that the OFT would present merely amendss [ 18 ] . We are now faced with a confusing series of facts ; CandyCo a Belgian manufacturer of organic bars decides to do organic cocoa bars and to sell them in six EU Member States including the UK, Ireland and France. Its market research reveals that many clients with particular dietetic demands, and pregnant adult females, choose merely those organic merchandises known for holding the purest organic ingredients. However, BigChoc has refused to provide its Delicio cocoa to CandyCo and decides to do organic cocoa bars itself. CandyCo approaches LittleChoc, another manufacturer of all right organic cocoa, which presently sells its cocoa in Belgium and the remainder of the EU but non in Ireland, France and the UK. LittleChoc besides refuses to provide CandyCo, which has noticed that LittleChoc s and BigChoc s monetary values for organic cocoa are the same throughout the EU. This information, coupled with the fact that we are besides told that there was published an article on LArtisan in the Wall Street Journal, which describes the company s programs for enlargement, might take us to believe that BigChoc and LittleChoc have in someway made an understanding to repair their monetary values. At the clip of the BigChoc nearing Marta nevertheless, from the facts, we can be reasonably certain that such an understanding had non yet occurred, and as such these ulterior facts do non hold a bearing on the decisions reached so far in this essay. However, in light if these initial facts, we might theorize that BigChoc had commenced a wide-spread onslaught on its smaller challenger LittleChoc ; through nearing shops such as Marta’s and giving the proprietors of these shops the same ultimatum, either cease buying from LittleChoc or we will discontinue providing you with BigChoc. Of class, some shops, like Marta’s, would decline to panda to this demand, but it is about certain that the larger shops in the market would gain the importance of keeping supply from the dominant maker, particularly in visible radiation of the fact that BigChoc had won awards for the excellence of its merchandise for the past three old ages. If this was the instance, finally BigChoc could hol d been in a place to coerce LittleChoc into a price-fixing understanding, in return for remotion of these countrywide supply limitations The above is of class a guess, but it is one which, from the facts supplied to us, seems a plausible 1. Let us presume that such monetary value repairing understanding has in fact been made between BigChoc and LittleChoc, and measure its deductions under Article 81 and 82 EC and Chapter I and Chapter II, severally: Having made this appraisal, I will reason by briefly turn toing the same factual state of affairs as if LittleChoc had been forced into this understanding by BigChoc’s maltreatment of its dominant market place, as per my above guess. â€Å"An understanding whose object is straight or indirectly to repair monetary values, or the resale monetary values of any merchandise or service, about constantly infringes Article81 and/or the Chapter I prohibition. [ 19 ] † The ground for this ‘hard-core restriction’ that an understanding or agreement which fixes monetary values between rivals does, by its really nature, restrict competition to an ‘appreciable’ extent ; the monetary values are no longer capable to the natural market forces of healthy and free competition. The assorted ways in which such understandings may purport to curtail monetary values can include the existent repair of a monetary value or the per centum by which monetary values are to be increased, or less straight puting a minimal monetary value [ lower than which such monetary values must non fall ] or set uping an in agreement monetary value scope, outside of which the monetary values must non be set [ 20 ] . In our instance, the monetary values of BigChoc’s and LittleChoc’s merchandises are indistinguishable in value throughout Europe. This suggests that if a monetary value repair understanding has been reached between these two challengers, so it is of the sort which stipulates the exact monetary values by which the merchandises will be sold. In visible radiation of such an understanding, the OFT would enforce fiscal punishments upon the two companies in the order of 10 % of their entire worldwide turnover. This is a maximal punishment, and of class the OFT have discretion available to them to take into history all the relevant fortunes and will put a punishment duty with respect to its ‘Guidance as to the appropriate sum of a punishment. [ 21 ] ’ . BigChoc and LittleChoc could try to hedge such punishment by reasoning that their understanding falls within one of the legal exclusions introduced by the Modernisation Regulation [ 22 ] . In drumhead, the legal exclusion government introduced by this recent ordinance means that even if the understanding in inquiry to the full satisfies the judicial admissions of Article 81 ( 1 ) , and is as such, leading facie, a competitory limitation which should be prohibited, the understanding can still be capable of being deemed valid and enforceable, every bit long as, and for every bit long as, the conditions set out in Article 83 ( 3 ) EC are satisfied. The load of turn outing that these aforementioned conditions are met would lie on BigChoc and LittleChoc, the projects claiming the benefit of Article 83 ( 1 ) EC [ 23 ] . The Competition Act 1998 was amended to be in conformity with this legal exclusion government, and the conditions of exclusion can be found within s9 ( 1 ) of the Act. As with Article 81 ( 3 ) EC, where an understanding comes within the judicial admissions of Article 81 ( 1 ) , and is as such, leading facie, a competitory limitation which should be prohibited, the understanding can still be capable of being deemed valid and enforceable, every bit long as, and for every bit long as, the conditions set out in s9 ( 1 ) of the Competition Act are satisfied. The load of turn outing that these aforementioned conditions are met would likewise prevarication on BigChoc and LittleChoc, the projects claiming the benefit of s9 ( 1 ) in our instance. The conditions in Article 81 ( 3 ) and subdivision 9 ( 1 ) are virtually indistinguishable [ 24 ] . There are four conditions which must all be satisfied in order for BigChoc’s and LittleChoc’s monetary value repairing understanding to be validated and upheld: Article 81 ( 3 ) EC/s9 ( 1 ) of the Act provide that Article 81 ( 1 ) /s9 ( 1 ) is unsuitable in regard of any understanding: which contributes to bettering the production or distribution [ of goods ] or advancing proficient or economic advancement, while leting consumers a just portion of the resulting benefit, and which does non: ( a ) impose on the projects concerned limitations which are non indispensable to the attainment of these aims ; ( B ) afford such projects the possibility of extinguishing competition in regard of a significant portion of the merchandises in inquiry. As stated above, the load of cogent evidence would be upon BigChoc and LittleChoc to explicate an statement for why their understanding does so fulfill the four commissariats above. The could reason that they have fixed their monetary values so that they can non travel above a certain upper limit, and in making so hold contributed to the distribution of goods [ in that more people can now afford the merchandises ] but at the same clip have allowed the consumers a just portion of the resulting benefit [ i.e. lower monetary values ] . They would hold to reason that such an understanding was necessary and indispensable to accomplishing the aim of greater distribution, and that their understanding does non function to extinguish other rival rivals who are non party to the understanding. Whether or non BigChoc and Little Choc are successful will depend upon the existent nature of the understanding, and how good they can reason the above points based upon the existent state of affairs of t he market and the contents of the understanding made, but if they are successful, so their understanding will be deemed valid. If they are unsuccessful, so their understanding will be deemed null [ 25 ] , and as antecedently stated, fiscal punishments may be imposed if the breach of Article 81 and/or Chapter I is shown to hold been committed deliberately or negligently [ 26 ] . BigChoc and LittleChoc should besides be cognizant that no ‘small concern arrangement’ unsusceptibility is available for price-fixing understandings such as the sort in inquiry here [ 27 ] . If CandyCo believes that the ground that both companies rejected their petition for the supply of cocoa is due to some other understanding between them, so they may use to the OFT for an probe into this affair. From the facts, it seems that the ground BigChoc declined the order was due to the fact that BigChoc were themselves interested in doing the bars which CandyCo were be aftering to fabricate, and as such did non desire to assist out their competition. No such ground has been provided for LittleChoc’s grounds for rejection, and as such we can presume that they rejected for different grounds. In this manner, from the facts provided, it does non look probably that an understanding as to who to provide their goods to had been made between LittleChoc and BigChoc. As a concluding point: If LittleChoc had been forced into this understanding by the behavior of BigChoc, so they may avoid the fiscal punishments imposed by the OFT in respects to this price-fixing understanding, should such punishments in fact be ordered. A simple statement of the sort employed earlier in this essay, utilizing the commissariats of Article 82 EC and Chapter II of the Competition Act 1998, to demo that BigChoc had abused its 60 % dominant market place to coerce LittleChoc into a place where the lone economically feasible option was to run into the demands of BigChoc and commit to a price-fixing understanding, would be sufficient to hedge liability ; amendss may even be awarded for LittleChoc’s loss of concern as a consequence of BigChoc’s opprobrious behavior. LittleChoc could trust upon the testimony of store proprietors such as Marta to grounds BigChoc’s anti-competitive behavior. Mention Bibliography â€Å"Commission’s Notice on Agreements of Minor Importance† OJ C368, 22.12.01 Hofner and Elser v Macrotron [ 1991 ] ECR 1-1979 Klimisch Decentralised application of EC competition jurisprudence, [ 1999 ] ELRev 463. NAPP Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading [ 2002 ] CompAR 13 Office of Fair Trading [ OFT 401a ] : Article 81 and the Chapter I prohibition ; Draft competition jurisprudence guideline for audience April 2004 Office of Fair Trading [ OFT 401b ] : Article 82 and the Chapter II prohibition ; Draft competition jurisprudence guideline for audience April 2004 Office of Fair Trading [ OFT 415 ] : Appraisal of market power ; Understanding Competition Law 2004 Office of Fair Trading [ OFT 423 ] : ‘Guidance as to the appropriate sum of a penalty.’ 2004 â€Å"REFORMING EC COMPETITION PROCEDURES† COM ( 1999 ) 101 finalWhite Paper on Modernisation of the regulations implementing Articles 81 and 82 of the EC Treaty. [ 4ThursdayReport of the Select Committee appointed to see European Union paperss and other affairs associating to the European Union ] Schaub, A. , Modernisation of EC Competition Law: Reform of Regulation 17, Fordham Corporate Law Institute, October 1999. Steiner A ; Woods, Textbook on EC Law ( Oxford University Press, 8th erectile dysfunction )